Case Note & Summary
The applicant, Atul Gorakhnath Ambale, filed a second bail application before the Bombay High Court in a case under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The first bail application was withdrawn on 15th October 2019 when the court was not inclined to grant bail, and the trial was expedited due to the young age of the prosecutrix (11 years). In the present application, the applicant did not press for bail on merits but sought bail on medical grounds, claiming he was HIV positive. The court noted that the medical report indicated the applicant's condition was stable and he was receiving care from jail authorities, and the viral load sample report was not yet received. The court rejected the bail application on medical grounds, directing jail authorities to continue providing necessary medical treatment. However, the court observed that despite the earlier direction to expedite the trial, the prosecutrix's evidence had not been recorded. Consequently, the court directed the trial court to conclude the trial within six months from the date of receipt of the order. The applicant was granted liberty to file a fresh bail application on medical grounds if the need arises.
Headnote
A) Criminal Law - Bail on Medical Grounds - HIV Positive Status - The applicant sought bail on medical grounds being HIV positive. The Court rejected the application as the medical report showed the applicant's condition was stable and he was being taken care of by jail authorities. The viral load sample report was not yet received. Held that bail on medical grounds cannot be granted when the condition is stable and proper medical care is available in jail. (Paras 4-5) B) Criminal Procedure - Expedited Trial - POCSO Act - The Court noted that despite earlier direction to expedite trial due to the young age of the prosecutrix (11 years), her evidence had not been recorded. The Court directed the trial court to conclude the trial within six months from receipt of the order. (Paras 7-8)
Issue of Consideration
Whether the applicant is entitled to bail on medical grounds due to being HIV positive.
Final Decision
The application seeking bail on medical ground is rejected. The trial court is directed to conclude the trial within six months from the date of receipt of this order. The applicant is at liberty to file a fresh application on medical ground if the need arises.
Law Points
- Bail on medical grounds
- HIV positive status
- stable medical condition
- expedited trial
- POCSO Act
- Protection of Children from Sexual Offences Act
- 2012
